Item 6: PH on Exemption from Competitive Bidding for East Broadway Projects

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ATTACHMENT A RESOLUTION NO. _____ A RESOLUTION GRANTING AN EXEMPTION FROM COMPETITIVE SELECTION REQUIREMENTS FOR A PERSONAL SERVICES CONTRACT RELATING TO DEVELOPER SERVICES AND DEVELOPER’S SELECTION OF GENERAL CONTRACTOR FOR CONSTRUCTION OF A PUBLIC PARKING FACILITY; AND APPROVING FINDINGS RELATING THERETO. The City Council of the City of Eugene finds that: A. The implementation strategies and policies set forth in the Downtown Plan, the Growth Management Policies and the Goals and Objectives from the Riverfront Urban Renewal District Plan (the “Implementation Strategies and Policies”) support downtown development that enhances the urban qualities of density, vitality, livability and diversity. The Implementation Strategies and Policies recognize the advantage of public/private development opportunities in achieving the vision of an active, vital growing downtown, facilitating dense development in the area of the Wayne Morse Federal Courthouse (“Courthouse”) and constructing a new parking facility that supports the east side of downtown and the new Courthouse district. B. Broadway & High Associates, LLC owns approximately one-half of the city block th located between 8 and Broadway and Mill and High Streets. The Oregonians Federal Credit Union (the “Credit Union”) owns approximately one-quarter of the block and the City will acquire the remaining one-quarter block for the purposes of participating in this project. Broadway & High Associates, LLC and Gerding/Edlen Development Company (collectively, “B&H”) have entered into a contract for development of this property, as owner and developer, respectively. B&H has entered into certain agreements with Whole Foods Market (“Whole Foods”) and the Credit Union regarding the development of the entire block. C. B&H’s development plans include two projects: the construction of a grocery store with two levels of parking intended for private ownership and use (the “Whole Foods Project”) and the construction of a four level, 260 space public parking structure that includes, on the ground level, a small publicly-owned commercial space and a second commercial space that will be privately owned and occupied by the Credit Union (the “Parking Project”). D. The Whole Foods Project and the Parking Project are consistent with the Implementation Strategies and Policies. E. B&H has proposed, and the City of Eugene (“City”) has agreed, that the City will participate in the development of the Parking Project. After construction of the Parking Project, B&H shall establish condominium units and City shall purchase the Parking Facility (which shall be comprised of the parking facility, including a ground level commercial space, but not the space intended for use by the Credit Union), for approximately$6,700,000. L:\CMO\2006 Council Agendas\M060313\S0603137.doc